000			02116cad a22002295a 4500
001			L141355
008			071116s2007 xxk f v 000 0 eng d
035			_a(Sirsi) u141355
041	0		_aeng
050	0	4	_a711.1 $2 18
245	0	0	_aGreen v City of Durham Council _h[electronic resource]
260			_aLondon _bLands Tribunal _c2007
520			_a[2007] 43 EG 202, 27 October 2007. Considers whether a claim for compensation under section 108 of the Town and Country Planning Act 1990 was confined to first refusal, and whether the time limit for claiming had expired. The appellant (G) was permitted to erect a polytunnel and storage building on his land by the Town and Country Planning (General Permitted Development) Order 1995, and had done so. The compensating authority defendant council (D) made a direction that development should not be made without permission, and then refused a planning application by G under the same terms. G subsequently made a second application under the same terms which was also refused. D contended that the 12 months G had to claim compensation ran from the date of the first refusal and so was spent. This was to be decided as a preliminary issue. "Held": Compensation under section 108 was payable for the refusal of permission for development that was formerly permitted. No time limit is imposed for submitting a planning application following an article 4 direction of the 1995 Order. The first application's refusal did not preclude compensation claimed under the second. Determination made in favour of the claimant.
650	2	4	_aGREEN V CITY OF DURHAM
650	2	4	_aTOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) ORDER 1995
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1990 S108
650	2	4	_aTOWN AND COUNTRY PLANNING GENERAL REGULATIONS 1992
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING ENFORCEMENT
856	4	0	_uhttps://www.landstribunal.gov.uk/aspx/view.aspx?id=440 _zView the judgment free of charge at www.landstribunal.gov.uk...
942			_n0
999			_c107633 _d107633